03/13/1996 01:30 PM Senate JUD

           SB 268 PRETRIAL RELEASE FOR DRUG OFFENSES                          
                                                                              
 MARY HUGHES, representing the Municipality of Anchorage, stated               
 Senator Leman received letters supporting SB 268 from the MOA and             
 Anchorage Police Department.  SB 268 provides a checklist for                 
 conditions to grant bail in drug and alcohol cases.  In Anchorage             
 drug dealers are continually picked up by police but are back                 
 selling drugs in the same location within a period of hours because           
 it is too easy to get out on bail.  Police have re-arrested people            
 before they've gone to trial for the first offense.  The Deputy               
 Attorney General sent out a notice to all criminal division lawyers           
 on January 24, indicating that specific bail conditions were to be            
 requested by the state.  She applauded Ms. Otto's efforts, but the            
 MOA would like those conditions placed in statute to provide                  
 uniformity.                                                                   
                                                                               
 Number 188                                                                    
                                                                               
 SENATOR TAYLOR questioned the constitutionality of requiring a                
 person alleged to have committed an offense to engage in drug                 
 screening and counseling as a condition of bail.                              
                                                                               
 JOHN SALEMI, Alaska Public Defender Agency, agreed constitutional             
 questions may exist.  He commented if a judge were to impose                  
 treatment as a condition of release that would cut against the                
 presumption of innocence.  Second, when a person enters treatment,            
 he/she has to divulge information about drug use, which would be in           
 conflict with the person's right to remain silent or to not give              
 self-incriminating testimony.  He did not believe that changing the           
 bail statute will change the way in which drug trade is carried on            
 in a community.  An area restriction will only force a dealer to              
 move to a different area.  He warned against micro-managing the               
 criminal justice system by making statutory changes and suggested             
 providing judges with training at a judicial conference or                    
 establishing new bail conditions through an administrative                    
 approach.                                                                     
                                                                               
 SENATOR TAYLOR announced a quorum was present, and had been for               
 most of the previous testimony.                                               
           SB 268 PRETRIAL RELEASE FOR DRUG OFFENSES                          
                                                                              
 BOB BAILEY, a member of the Anchorage Chamber of Commerce Board of            
 Directors and Co-Chair of the Chamber's Crime Prevention Board,               
 testified SB 268 is part of the Crime Prevention Board's                      
 legislative package.  Downtown businesses in Anchorage see the                
 result daily of the "catch and release" problem with drug dealers,            
 who are arrested but out on the streets within hours selling drugs            
 again.  SB 268 provides police with a tool to keep drug dealers               
 away from the area where they sell drugs.                                     
                                                                               
 ANNE CARPENETI, representing the Department of Law, discussed DOL's           
 concerns with SB 268.  Although DOL agrees the bail conditions                
 listed in the bill are good, and are routinely asked for along with           
 additional conditions in drug and alcohol cases, it is concerned              
 about embodying conditions in statute as it may imply to the court            
 that only those conditions are to be met.  DOL is also concerned              
 about creating statutory bail conditions for particular offenses.             
 Current bail statutes apply across a broad range of offenses.                 
                                                                               
 Number 306                                                                    
                                                                               
 SENATOR ELLIS asked if DOL is concerned that a person might appeal            
 a conviction, or the conditions of release, based on the fact that            
 an additional condition was not in statute.                                   
                                                                               
 MS. CARPENETI clarified DOL is concerned that if SB 268 passes, a             
 prosecutor might not be able to convince a judge to impose other              
 conditions that are appropriate to a particular case.                         
                                                                               
 SENATOR TAYLOR agreed placing the conditions in statute may limit             
 the judge, but noted there is a high level of frustration with the            
 lack of adequate bail conditions required of this class of                    
 offenders.  Last year the committee heard a bill to prevent a                 
 second time drug offender from being granted bail, but the                    
 constitutional ramifications were significant.                                
                                                                               
 MS. CARPENETI offered to provide committee members with the list of           
 conditions requested in every drug and alcohol bootlegging case,              
 which is more extensive than what is contained in SB 268.  DOL is             
 in the process of working with the court in Anchorage to develop a            
 checklist.                                                                    
                                                                               
 SENATOR ADAMS suggested adding the other conditions requested by              
 DOL to SB 268.  He questioned whether SB 268 attempts to fix a                
 problem that doesn't exist, and instead ties a judge's hands.                 
                                                                               
 Number 337                                                                    
                                                                               
 SENATOR MILLER asked whether the "catch and release" problem does             
 exist, and asked DOL for alternatives to fix the problem.                     
                                                                               
 MS. CARPENETI replied DOL is working with district court judges on            
 the conditions it is asking for, and is hoping to come to a                   
 resolution and develop forms.  SB 268 does not require any                    
 conditions be imposed, it is discretionary.                                   
 MARY VOLLENDORF, staff to Senator Leman, sponsor of SB 268,                   
 questioned whether a judge has more authority to require conditions           
 if they are set out in statute, as opposed to a policy directive.             
                                                                               
 SENATOR TAYLOR responded there is no weight gained by placing the             
 conditions in statute, and by listing them, the legislature may be            
 excluding some conditions judges would be willing to consider.  The           
 bill may preclude the judge from using a new or unique bail                   
 condition.  He used the analogy of DWI offenses, which carry a one-           
 year prison sentence and $5,000 fine as a maximum penalty.  The               
 minimum mandatory sentence is three days in jail which is what                
 judges usually impose no matter what the conditions.  He echoed               
 DOL's concern that the minimum sentence is an easy pattern for a              
 judge to drop into.                                                           
                                                                               
 SENATOR TAYLOR announced SB 268 would be held in committee for a              
 few days to give Senator Leman's staff and DOL the opportunity to             
 reconsider the legislation.